Protocol #36 of Extraordinary Meeting of the Joint Control Commission (JCC) on Georgian-Ossetian Conflict Resolution

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Country/entity: Georgia
Russia
Ossetia
Region: Europe and Eurasia
Agreement name: Protocol #36 of Extraordinary Meeting of the Joint Control Commission (JCC) on Georgian-Ossetian Conflict Resolution
Date: 14 Aug 2004
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Georgian Separatist Conflicts (1989 - )
The Abkhazia-Georgia Conflict (1992 - )
Much like other conflicts that sprung up in the wake of the collapse of the Soviet Union, the Abkhazia conflict emerged as an ethnic conflict following heighten nationalist awareness among Abkhaz and other minorities residing in the region. In 1978, protests against the Georgianization of Abkhazia emerged from Abkhaz intellectuals. Towards the end of the 1980s, both Georgian and Abkhaz nationalists demanded independence from the Soviet Union. Tensions began following clashes at Sukhumi University between pro-Unity protestors and Abkhaz nationalists in April-July 1989. However, the conflict remained a legal conflict up until August 1992 following the 1991 elections, wherein Abkhazians felt they were under-represented. War broke out between Abkhaz separatists, supported by Russian forces and hired fighters from the North Caucus. Within Abkhazia, Abkhaz separatists were generally supported by ethnically Armenian and Russian residents. Within Georgia the conflict was exacerbated following conflict in South Ossetia from 1989 onwards in addition to political strife between the supporters of the ousted president, Zviad Gamsakurdia, and the post-coup government led by Eduard Shevardnadze.

Significant human rights abuses occurred, particularly after the capture of Sukhumi in September 1993, after which Georgian residents, which consisted of 45 per cent of the population in 1989, were faced with mass expulsion and ethnic cleansing. Russian Peacekeepers acting under the umbrella of the Commonwealth of Independent States (CIS), were deployed on the Abkhazia-Georgia line following a ceasefire in 1994. Atrocities towards ethnic Georgian’s continued with over 1,500 deaths post-conflict. In 1998 fighting re-erupted following a flare up of fighting in South Ossetia. Again it was resolved with a ceasefire agreement. However, as of 2016 the conflict remains unresolved.

The Russio-Georgian War (South Ossetia) (1989 - )
Following heightened nationalist awareness among Ossetians and policies undertaken at the expense of ethnic minorities by the Georgian government led by President Gamsakurdia, calls for Ossetian Independence increased. After clashes broke out in Tskhinvali during a pro-Georgia protest, the conflict began to militarize. When President Gamsakurdia maintained his position after elections in 1990, which were boycotted by South Ossetia, Ossetians organised elections for their own parliament. The central Georgian government reacted by abolishing the autonomous status previously held by South Ossetia. The formation of ethnic militias and increased attacks on civilians escalated on both sides and in December 1990 a state of emergency and an economic blockade were declared. Fighting was haphazard as fighters on both sides were poorly equipped and disciplined. The Georgian National Guard was primarily formed of volunteers due to a lack of resources and as a result fighters often acted out of self-interest. Assaults on Tskhinvali by Georgian forces were repulsed on several occasions, and Georgian forces were also noted to expel Ossetian residents and destroy villages out of revenge and as a means to re-claim territory.

The Sochi agreement (1992) established a ceasefire and security corridor, as well as divided the territory between Georgian and Ossetian administration. Relations deteriorated drastically in April 2008, and following shelling of Georgian villages on August 1, the Georgian military responded in force retaking most of Tskhinvali by August 7. Russian forces intervened on behalf of Ossetian separatists and after retaking Tskihvali, opened another front in the Kordori Gorge. A ceasefire was brokered on August 12, and the Kremlin declared its recognition of the territories of South Ossetia and Abkhazia on August 26. Russian forces have since strengthened their military presence in those regions in violation of the ceasefire.
Stage: Ceasefire/related
Conflict nature: Government/territory
Peace process: South Ossetia peace process
Parties: Taimuraz Elmurzaevich Kusov, State Advisor to the President of RNO-Alania, North-Ossetian Co- Chairman of the JCC
Third parties: -
Description: Ceasefire agreement outlining the opening of the Ergneti-Kekhvi road, withdrawal of troops, withdrawal of illegal police stations and the deployment of legitimate police and JPKF, as well as establishing contact between the commanders on the two sides. Agreement also underscores the protocol of submitting troop movements, etc., to the JCC for approval.

Agreement document: GE_RU_040814_Protocol #36 of Extraordinary Meeting of the JCC on Georgian-Ossetian Conflict Resolution.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, Resolution:
... 2. ... а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF, also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, Resolution:
... 2. ... f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, Resolution:
1. The Georgian and South Ossetian sides to immediately cease fire starting from 00:00 August 14 2004 (a separate Ceasefire Protocol is enclosed);

Page 1, Resolution:
... 2. ... b) ... Upon achieving agreements on this issue, control over their implementation shall be provided by groups of military observers with involvement of OSCE military monitoring officers;

Page 1, Resolution:
... 2. ... c) To position a JPKF post with observers from the three sides on the contact line between the Georgian and South Ossetian armed units in the area of village Sarabuki.

Page 1, Resolution:
... 2. ... d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

Page 2, Resolution:
... 4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone
Police: Page 2, Resolution:
... 2. ... f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.

Page 2, Resolution:
... 5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.
Armed forces: Page 2, Resolution:
3. To take note of the fact that on 15 August 2004 heads of armed forces of the sides in conflict will start negotiating measures for implementing agreements listed in item 2 of this Protocol.

Page 2, Resolution:
... 4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: Page 1, Resolution:
... 2. ... b) Within three days, to resolve issues of moving posts and withdrawing armed units that the sides deployed without agreement with JCC and the JPKF Joint Command, in the area of Kurta-Eredvi- Sarabuki-Kekhvi;

Page 1, Resolution:
... 2. ... c) ... In parallel with positioning the post, a direct contact shall be established between commanders of these units before their withdrawal;

Page 1, Resolution:
... 2. ... e) No later than in 2 weeks, the sides to start resolution of the issue concerning withdrawal of the armed units deployed without agreement with the JCC and JPKF Joint Command, from the conflict zone;

Page 2, Resolution:
... 5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Resolution:
... 2. ... а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF [Joint Peacekeeping Force], also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;

Page 1, Resolution:
... 2. ... b) ... Resolutions of the JPKF Joint Command about the movement and positioning of new JKPF posts shall be submitted to the JCC for approval.

Page 1, Resolution:
... 2. ... d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

Page 2, Resolution:
... 6. To take note of the JPKF Command’s proposal for deploying additional and moving the existing JKPF posts.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Archives of Georgian Ministry of Foreign Affairs; http://www.rrc.ge/law/prot_36_2004_13_08_E.htm

Chairman:

Taimuraz Elmurzaevich Kusov, State Advisor to the President of RNO-Alania, North-Ossetian Co- Chairman of the JCC

Agenda:

1. Immediate measures to restore peace in the area of the Georgian-Ossetian conflict.

Resolution:

1. The Georgian and South Ossetian sides to immediately cease fire starting from 00:00 August 14 2004 (a separate Ceasefire Protocol is enclosed);

2. To take note of the below-listed preliminary agreements achieved at a meeting of heads of the sides’ armed forces held in the frames of the JCC meeting:

а) To open the Ergneti-Kekhvi section of the Transcaucasus Road with parallel patrolling of the section by JPKF, also the Tskhinvali-Dmenisi and Tskhinvali-Vanati roads, for unimpeded movement of people and goods, including humanitarian aid;

b) Within three days, to resolve issues of moving posts and withdrawing armed units that the sides deployed without agreement with JCC and the JPKF Joint Command, in the area of Kurta-Eredvi- Sarabuki-Kekhvi;

Resolutions of the JPKF Joint Command about the movement and positioning of new JKPF posts shall be submitted to the JCC for approval.

Upon achieving agreements on this issue, control over their implementation shall be provided by groups of military observers with involvement of OSCE military monitoring officers;

c) To position a JPKF post with observers from the three sides on the contact line between the Georgian and South Ossetian armed units in the area of village Sarabuki.

In parallel with positioning the post, a direct contact shall be established between commanders of these units before their withdrawal;

d) To restore a RF peacekeeping post on the Eredvi-Vanati road positioned earlier by a decision of the JPKF Joint Command, with military observers from RF and Georgia;

e) No later than in 2 weeks, the sides to start resolution of the issue concerning withdrawal of the armed units deployed without agreement with the JCC and JPKF Joint Command, from the conflict zone;

f) In parallel with implementing paragraph e) of this item, the sides to agree the number of militia/police stations necessary to ensure law and order and to provide for public safety in settlements located in the conflict zone.

3. To take note of the fact that on 15 August 2004 heads of armed forces of the sides in conflict will start negotiating measures for implementing agreements listed in item 2 of this Protocol.

4. Within seven days, heads of armed forces of the sides in conflict shall submit to JCC for consideration proposals for further steps to de-escalate tension in the conflict zone

5. The issue of the SCC re-starting its activities shall be discussed after the police posts illegally deployed by the sides withdraw from the conflict zone.

6. To take note of the JPKF Command’s proposal for deploying additional and moving the existing JKPF posts.

The sides note information of the North-Ossetian side of the JCC about the Georgian leadership’s call to President of RNO-Alania A.S. Dzasokhov to provide assistance in arranging a meeting of the RSO President E.Kokoity and Georgian Prime Minister Z. Zhvania.

The JCC calls the Russian and North Ossetian sides participating in the resolution of the Georgian- Ossetian conflict to assist in preparing and holding the above-mentioned meeting in the nearest terms.

T. Kusov Meeting Chairman, North Ossetian Co-Chairman of the JCC (Archive of the OSCE Mission to Georgia)